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I
kThe Corporation of the Municipality of
l,-
Central Elgin
BY-LAW 1768
A Bylaw for Prescribing
Standards for the Maintenance
and Occupancy of
Property within the Municipality of Central Elgin
WHEREAS
the Official Plan for the Municipality
of Central
Elgin includes provisions relating to
property conditions
in the municipality;
AND WHEREAS subsection
15. 1-( 3) of The Ontario
Building Code Act, 1992 as amended,
provides that the Council of the municipality may pass a by- law for prescribing standards for the
maintenance and occupancy of property within the municipality, for prohibiting the occupancy or
use of such property that does not conform with the standards, for requiring property that does
not conform
with the standards
to be repaired
and maintained
to conform with the standards
or
for the site
to be cleared
of all
buildings, structures, debris
or refuse
and
left in graded
and
levelled condition, and for prohibiting a person from obstructing the visibility of an order and for
prohibiting
the removal
from any premises
of any order placed thereon
pursuant to a by- law
passed under the authority of the said subsection 15. 1-( 3);
AND
WHEREAS
the
Council
of the
Corporation
of the
Municipality
of Central
Elgin
has
determined that it is desirable for the betterment of the municipality that this by- law be enacted;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
CENTRAL
ELGIN
ENACTS
AS FOLLOWS:
SECTION
1 --
GENERAL
Short Title
1.
1
This by- law may be cited as ' The Property Standards
By- law".
Interpretation
1. 2. 1
The captions and headings in this by-law are inserted for convenience of reference
only and do not define, limit or enlarge the scope, meaning or intent of any provision.
1. 2. 2
In this by- law, words used in the present tense include the future tense, words in the
masculine
gender include the feminine
and neuter, and the singular number includes
the plural
and the plural
the singular.
1. 2. 3
In this by-law the word " shall' is mandatory and not discretionary.
Application
1. 3
The provisions
of this by- law shall apply to all property
within the Municipality
of
Central
Elgin.
Non -Conforming Use - Prohibited
1. 4
The occupancy or use of any property within the Municipality of Central Elgin that
does not conform to the standards prescribed in this by-law is prohibited.
Removal of Non -Conforming Buildings and Structures
1. 5
Any property that does not conform to the standards
set forth in this by- law shall be
repaired and maintained to conform to the standards or the site shall be cleared of all
buildings, structures, debris or refuse and left in graded and levelled condition.
Dilapidated
Buildings
1. 5. 1
No person shall cause or permit a building or structure to deteriorate into a ruinous or
dilapidated state such that the building or structure:
a) is dangerous to the public health or safety; or
b) depreciates
the value of other land or improvements
in the neighbourhood.
Unoccupied Buildings
1. 5.2
No person shall cause or permit an unoccupied
building
to become damaged
or to
deteriorate
into a state of disrepair such that the building
is an imminent danger to
public safety.
Prohibition
1. 6
No person shall obstruct the visibility of an order and no person shall remove a copy
of any order posted under The Building Code Act unless authorized to do so by an
officer.
Application of other By- laws
1. 7
Nothing
in this By- law shall relieve
any person from any obligation
to comply with the
requirements of any other by- law or with the requirements to obtain any licence, permit,
certificate, authority, approval, consent or variance otherwise required.
Validity
1. 8
Should
any section, clause or provision
of this by- law
be
held
by a court of
competent jurisdiction
to be invalid, the validity of the remainder of the by- law shall
not be affected.
Conflicting By-laws
1. 9
Where any provision of this by- law conflicts with any provision of any other by- law of
the Corporation, the provision
that establishes
the higher standard
of protection
for
the health, safety and welfare of the public shall prevail.
Effective Date
1. 10
This by- law shall come into full force and effect as of the date of passing hereof.
SECTION
2 - DEFINITIONS
Except as specifically defined below, where a word or term used in this by- law is
defined
in the Building Code or the Ontario Building Code Act, the meaning shall
have the same in this by-law. In this by- law, unless the context otherwise requires:
2. 1 "
Accessory"
when
used
to
describe
a
building
or structure
means
customarily
incidental, subordinate and exclusively devoted to the main use on the lot and when
used to describe
a use, means customarily
incidental, subordinate
and exclusively
devoted to the main use of the lot.
2. 2 "
Attached" means
a
building
otherwise
complete
in
itself, which
depends
for
structural
support, or complete
enclosure
upon
a division
wall
or walls
shared
in
common with an adjacent building or buildings.
2. 3 "
Basement' shall mean that portion of a building between two floor levels which is
partly below finished grade level.
2. 4 '
Bathroom" means a room containing a bathtub or shower With or without a water
closet
and basin.
2. 5 '
Boarding
house" means any building
or part of a building, where the proprietor
offers or supplies for gain or profit lodging or lodging and meals.
2. 6 "
Building Code" means the 2006 Ontario Building Code, as amended.
2. 7 "
Building
Code Act' means the Building
Code Act, 1992, S.O. 1992, c.23, as
amended.
2. 8 "
Cellar" shall mean that portion of a building between two floor levels which has more
than fifty percent ( 50%) of its height from finished floor to finished ceiling below grade
level.
2. 9 "
Clerk" means the person appointed
by the Council to the position of Clerk of the
Corporation.
2. 10 "
Committee" means the Property Standards Committee established pursuant to this
by- law.
2. 11 "
Corporation" means The Corporation of the Municipality of Central Elgin.
2. 12 "
Council"
means
the Council
of the Corporation.
2. 13 "
Crawl Space" means that space below the floor of the first story of a building which
is not less in height than thirty ( 30) centimetres
from the underside of the floor joists
to the surface below and is not a cellar or basement
as herein defined.
2. 14 "
Dwelling" means a building or structure or part of a building or structure occupied or
capable of being occupied in whole or in part for the purposes of human habitation
and
shall
include
the
land
and
premises
appurtenant
thereto
and
all accessory
buildings, fences or erections thereon or therein.
2. 15 "
Dwelling Unit" means one or more habitable rooms within a dwelling, occupied or
designed to be occupied by a family as an independent and separate housekeeping
establishment in which separate kitchen and sanitary facilities are provided for the
use of such family.
2. 16 "
Electrical Safety Code" shall mean and refer to a regulation passed under the
Electricity Act, 1998, S.O. 1998, c. 15, Schedule "A", as amended.
2. 17 "
Family" means
i)
one person, or
ii)
two or more persons who are related by blood, marriage, common law
marriage, or legal
adoption
and not more than three
persons
placed
in a
home by a Family and Children' s Services under foster care, and not more
than two other
persons, or
iii)
not more than three persons who need not be related by blood or marriage or
legal adoption.
2. 18 "
Existing" means existing as of the date of the passing of this By- law.
2. 19 "
Finished grade level" means the average elevation
of the finished
surface of the
ground abutting the external walls
of a
building
or structure, exclusive of any
embankment
in lieu of steps.
2.20 "
Fire Code" shall mean regulations
passed
under the Fire Protection
and Prevention
Act, 1997, S. O. 1997, c.4, as amended.
2.21 "
Fire Prevention Officer" means any person who may from time to time be appointed
by the Council to the position of Fire Prevention
Officer.
2. 22 "
Fire Resistance Rating" means the time in hours or fraction thereof that a material
or assembly of materials will withstand the passage of flame and the transmission of
heat when exposed to fire under specified
conditions
of test and performance
criteria
or as determined by extension or interpretation of information derived there from as
prescribed in the Building Code.
2.23 "
Habitable Living Space" means any floor space in a dwelling or dwelling unit that is
habitable living space used, or intended to be used, for living, sleeping, cooking or
eating space having a minimum headroom of 1. 88m ( 6'- 2").
2. 24 "
Habitable Room" means any room in a dwelling or dwelling unit used or intended to
be used for living, sleeping, cooking or eating purposes and includes a Toilet room
but does not include Non -Habitable Living Space.
2. 25 "
Medical Officer of Health" means the Medical
Officer of Health of the County of
Elgin.
2. 26 "
Multiple Dwelling" means a building containing three ( 3) or more dwelling units.
2. 27 "
Motor Vehicle" means
any form
of transportation
for humans, designed
to be
propelled or driven otherwise than by muscular power, but does not include the cars
of electric
or steam
railways
or other motor vehicles
running
upon
rails.
2. 28 "
Non -Habitable Living Space" means any floor space in a dwelling or dwelling unit
other
than
habitable
living
space, and
includes
a
laundry, pantry, lobby,
communicating corridor, stairway, closet, boiler room or other space for service and
maintenance of the dwelling or dwelling unit, for common use, and for access to, and
vertical travel between. stories.
2. 29 "
Noxious Weed" means a plant that is designated under the Weed Control Act as a
noxious
weed.
2. 30 "
Occupant"
means
any
person
or
persons
over
the
age
of eighteen
years
in
possession
of the property.
2. 31 "
Officer" means
a
Property
Standards
Officer
who
has
been
assigned
the
responsibility
of administering
and enforcing this by- law including
but not limited to a
Building Inspector and a Chief Building Official.
2. 32 "
Owner" includes,
a) any person holding a title interest in the property, including but not limited to the
registered owner of the Property according to the records in the Land Registry
Office for the Registry Division of Elgin ( No. 11) at St. Thomas, Ontario.
b) the person for the time being
managing
or receiving
the rent of the land or
premises
in connection
with
which
the word
is used, whether
on the
person' s
own account or as agent or trustee of any other person, or who would so receive
the rent if such land and premises
were let, and
b) a lessee or occupant of the property who, under the terms of a lease, is required
to repair and
maintain
the property
in accordance
with the standards
for the
maintenance and occupancy of property.
2. 33 "
Person"
includes
a
corporation,
partnership,
agent
or
trustee, and
the
heirs,
executors, administrators
or other legal representatives
of a person
to whom the
context can apply according to law.
2.34 "
Plumbing
System" means a system of connected
piping, fittings, valves, equipment,
fixtures and appurtenances contained in plumbing.
2. 34. 1 "
Portable
Storage Container" means any on- site container
described
as
a steel
portable container, dry van container, warehouse storage unit, semi -tractor cargo
container, cargo trailer or any other similarly described unit used for storage.
2. 35 "
Private
Sewage
System" means a system
designed
for the collection
and disposal
of sanitary sewage on private property and approved under Part 8 of The Ontario
Building Code.
2. 36 "
Property" means
a building
or structure
or part
of a building
or structure, and
includes the lands and premises appurtenant thereto and all mobile homes, mobile
buildings, mobile
structures, outbuildings, fences, and
erections
thereon
whether
heretofore or hereafter erected, and include vacant property.
2.37 "
Public
Building" means
any
building
to which
the
general
public
is invited
or
permitted access, whether or not for a fee, and, without limiting the generality of the
foregoing, includes:
a) any building that is offered for use or used as a place of public assembly;
b) any building occupied
by and used for the purposes of public service
by any
public authority;
c) any food premises and any food service premises as defined in the Health
Protection
and
Promotion
Act, R.S. O.
1990, c.H. 7, as
amended,
and
the
Regulations
made pursuant to the said Act;
d) any factory
and any industrial
establishment
as defined
in the Occupational
Health and Safety Act, R. S. O. 1990, c.0. 1, as amended;
e) any hotel
as defined
by the
Hotel
Registration
of Guests
Act, R.S. O. 1990,
c.H. 17, as amended;
f) any boarding
house, having
equipment
to provide
meals
for ten ( 10) or more
boarders;
g) any lodging house having accommodation for ten ( 10) or more lodgers;
h) any tourist establishment;
i) any premises, whether enclosed or not, where,
a) any cinematograph
or
moving
picture
machine
or
similar
apparatus
is
operated,
b) any theatrical
performance, carnival, circus, side show menagerie, concert,
rodeo, exhibition, horse race, athletic
contest or other exhibition
is staged
or
held, or
c) facilities for dancing or ice skating
or roller skating are provided, and to which
admission is granted upon payment for admission.
2. 38 "
Repair" includes
the provision
of such
facilities
and
the
making
of additions
or
alterations or the taking of such action as may be required so that the property shall
conform to the standards established
in this by- law.
2. 39 "
Residential
Property" means any property that is used or designed for use as a
domestic establishment in which one ( 1) or more persons usually sleep and prepare
and serve meals, and includes any land or buildings that are appurtenant to such
establishments.
2. 40 "
Sanitary sewage" means the
liquid and liquid borne wastes from the sanitary
conveniences
of dwellings, commercial
and institutional
buildings
or factories.
2. 41 "
Sanitary
Sewer" means a sewer for the collection
and transmission
of sanitary
sewage and industrial wastes and to which storm, surface and ground waters are not
intentionally admitted;
2. 42 "
Storm Sewer" means a sewer which carries storm water and surface water, street
wash and other wash water or drainage, but excludes sanitary sewage.
2.43 "
Sewage"
shall
include
drainage,
storm
water, industrial
wastes
and
sanitary
sewage.
2.44 "
Standards" means the standards set out in sections 3, 4 & 5 of this by-law.
2. 45 "
Street" means
a public
highway which
affords
a
principal
means of access to
abutting lots.
2. 46 "
Toilet Room" means a room containing
a water closet and wash basin.
2. 47 "
Walk" shall
mean
a route or access
surfaced with gravel, stone, wood, asphalt,
concrete, cement or other similar material.
2. 48 "
Yard" shall mean the land other than publicly owned land around and appurtenant to
the whole or any part of a building and used or intended to be used in connection
with that building.
SECTION
3 - GENERAL
OCCUPANCY
AND MAINTENANCE
STANDARDS
3. 1
Exterior Property
3. 1. 1
Every
property
shall
be
maintained
neat
and
tidy
as
referred
to
in this
section
includes but is not limited to the removal of rubbish and debris and from conditions
that may create a health, safety or fire hazard.
Neat and tidy includes the removal
of:
a)
rubbish, garbage, brush, waste, litter and debris;
b)
injurious insects, termites, rodents, vermin and other pests;
c) growth in weeds in excess of 20 cm ( 8");
d) ground cover, hedges and bushes which are unreasonably overgrown;
e) dead, decayed or damaged trees or other growth and the branches and limbs
thereof which create an unsafe condition;
f) wrecked, dismantled, inoperative, discarded, unused, or unlicensed
vehicles or
trailers;
g)
construction/ renovation
materials for an extended period of time not to exceed 60
days.
3. 1. 2
Every property shall be kept free from excessive growth of weeds and grasses,
which shall not be permitted to grow or stand at a height greater than 20 centimetres
8") and all noxious weeds shall be destroyed.
3. 1. 3
Every property shall be kept free from undergrowth
or underbrush, and from dead,
decayed or damaged trees, and branches and limbs thereof, which may create an
unkempt or unsafe condition, or harbour pests or vermin.
3. 1. 4
Every property shall be kept free of all unused excavations, empty in -ground pools,
holes, unenclosed
wells, pits, shafts, cisterns
or reservoirs, and the same shall
be
filled to grade with clean fill; provided that where any excavations, holes, unenclosed
wells, pits, shafts, cisterns or reservoirs are in use and are required by the nature of
use and occupancy
of any property and may constitute
a health or safety hazard or
exceed
a
depth
of 60
cm ( 24
inches),
a
fence
or barrier
shall
be
erected
and
maintained
completely around the same to a height of not less than
1. 2 metres ( 3. 9
feet) above the grade level at the perimeter of each of them.
3. 1. 5
Prior to the demolition, or removal of any building or structure, all utility services shall
be disconnected in the manner approved by the utility service provider and all private
drain connections shall be properly stopped up and sealed. All excavations shall be
filled to grade with clean fill.
3. 1. 6
No tree, bush, hedge, or shrub shall be planted or maintained on a corner lot within
six metres of the intersection of the front lot line and the exterior lot line of such lot.
3. 1. 7
Every pond upon every property which may constitute
a health or safety hazard, or
may
exceed
a
depth
of
one
metre, shall
be
protected
by
a fence
or
barrier
maintained
completely
around
the same
to a height
of not less than
1. 2 metres
above the grade level at the perimeter of such pond.
3. 1. 7. 1
Nothing
in subsection
3. 1. 7 shall require a Storm Water Management
Facility to be
protected by a fence or barrier provided that the Storm Water Management
Facility is
constructed
in
accordance
with
the
following
grading
standards
for
pond
embankments:
a) extended
retention
pond ( intermittently
dry
and
wet): Minimum
embankment
slope
requirement -- 4: 1 ( horizontal
to vertical);
b) permanently wet ponds and wetlands:
Minimum
embankment
slope requirement -- 5: 1 ( horizontal
to vertical) below the
water level of the permanent
pond.
In addition, pond perimeters would have a terraced flat grading area, a minimum
1. 8m around the water' s edge of the permanent
pool to enhance
safety and to allow
for pedestrian
access
and maintenance.
In addition, each facility shall be posted with no less than one warning
sign in a
visible location.
3. 1. 7.2
Nothing in subsection 3. 1. 7 shall require an irrigation pond servicing lands zoned for
agricultural
uses pursuant
to any current zoning
by- law applicable
to lands located
within the territorial
limits of the Municipality
of Central
Elgin to be protected
by a
fence or barrier.
3. 1. 8
No yard shall be used as a place to store, keep, display, pile or accumulate
any of
the following:
a) any motor vehicle or trailer which does not bear a current license,
b) any part of a motor vehicle or trailer, or
c) any clothing or household goods, including but not limited to a mattress, bed,
dresser, sofa, chair, table, television, radio, stove, refrigerator, dishwasher,
washing machine and dryer or other furnishing
or appliance, or any part of any of
them,
d) any furnace, hot water heater, air conditioner, or any part of any of them.
3. 1. 9
Nothing
in subsection
3. 1. 8 shall prohibit
the storing, keeping, or displaying
of an
unlicensed
motor vehicle or trailer on a lot in a commercial
or industrial
zone where
such storing, keeping or displaying
is associated with a business lawfully conducted
on such lot.
3. 1. 10.
Where goods, materials or substances are lawfully permitted, at law, to be stored
outdoors, such goods, materials or substances
shall be so stored in a safe condition,
located, parked
or stacked
in
a neat
and
orderly
fashion
or in bins, containers,
structures
or enclosures,
appropriate
to their nature, composition,
chemical
or other
characteristic
properties
or distinctive
attributes; provided
that at all times, such
outdoor storage shall be enclosed
by fencing at least
1. 5 meters
in height and such
fenced enclosure shall be located at least 6 meters from any street and the area
exterior
thereto
shall
be
landscaped,
save
and
except
any
adjoining
building,
driveway, or parking or loading area.
3. 1. 11.
Any refrigerator or freezer left in a yard shall be covered and secured so that its door
or doors may not be opened or have its hinges, latches, lid, door or doors removed
until it is properly disposed of.
3. 2
Walks, Access, Driveways. Parking
and Loading Areas
3. 2. 1
Walks shall be provided from all entrances of every building to the street, provided
that the walks may lead to a hard surfaced driveway or parking area and thus to the
street.
3. 2.2
All driveways, parking
areas, and
loading
areas shall
be constructed
of concrete,
asphalt, paving
stone
or crushed
stone treated with emulsified
asphalt or other
appropriate
material to provide a stable, dust free surface.
3. 2. 3
All steps, porches, verandas, walks, parking areas, loading
areas and driveways
shall be maintained
in good condition, so as to afford safe passage under normal use
and weather conditions.
3.2. 4
All
retaining
walls
are to
be
maintained
and
in structurally
sound
condition
and
thereafter maintained
in that condition.
3.2. 5
Clear, unobstructed
access
shall be provided
and maintained
to all gas, water
and
hydro electric meters and utility equipment inside and outside of buildings.
3. 2. 6
All lighting fixtures providing
illumination of any parking area or loading area shall be
located
and aligned
in such
manner
as to provide
safe
passage
for an authorized
Occupant or Occupant( s) of the Property but so as to prevent a nuisance to occupant
or occupants
of adjoining
properties.
3. 3.
Fences
All fences
on every
property
shall
be
maintained
in good
repair
and
shall
be
protected by preservative, paint or other weather resistant material.
3. 4
Rodents, Vermin. Insects and Pests
3.4. 1
Every property shall be kept free of rodents, vermin, termites and other injurious
insects
and other pests. The methods
used for exterminating
rodents or insects or
both shall be in accordance with the provisions of the Pesticides Act, R.S.O. 1990,
Chapter
P. 11, as amended, and all regulations
enacted
pursuant thereto.
3. 4.2
Openings
in buildings, cellars, soffits, facia, and crawl spaces shall be protected to
prevent the entrance of rodents, vermin, insects and pests.
3. 5
Solid Waste Disposal
3. 5. 1
Every
property
shall
be
kept clear of waste
material
including
garbage, rubbish,
ashes, and other debris.
3. 5. 2
All garbage, rubbish, ashes, debris, trade waste
and other discarded
material
shall
be stored
in receptacles
that meet the requirements
of subsection
3. 5. 3 and shall be
placed for collection
in accordance with the provisions of the Corporation' s by- laws
or, where collection
is by private contract, in accordance
with the terms of contract,
provided that in any event the same shall not be permitted to accumulate so as to
create a health, fire or safety hazard or nuisance.
3. 5. 3
Receptacles for garbage, rubbish, ashes, debris, trade waste and other discarded
materials
shall
be plastic
bags or other containers
that are water tight, equipped
with
a tight fitting cover, maintained in good repair, and kept clean and free of offensive
odours.
3. 5. 4
All
garbage
chutes, storage
or disposal
rooms, containers,
receptacles,
collection
and storage
areas shall be maintained
in good repair and, at all times, be kept clean
and free of offensive odours.
3. 6
Sewage and Drainage
3. 6. 1
Sanitary
sewage
from any building
shall
be discharged
into
either the municipal
sanitary
sewage system
or a private sewage system
approved
under Part 8 of The
Ontario Building Code, and not otherwise.
3. 6. 2
Where
a municipal
sanitary sewer
is constructed
in any street and the owner of a
building
on such street fails to connect
such building to such sewer within
nine
months after notice has been sent by the Corporation to the owner by registered
mail
to the
owner' s
last
known
address
requiring
the
connection
to
be
made, the
Corporation
may make the connection at the expense of the owner, and for this
purpose
the
Corporation,
including
its agents, servants,
and/ or employees,
may
enter in and upon the property of the owner.
3. 6. 3
Where a municipal sanitary sewer is constructed and the sanitary sewage from any
building on lands abutting the street is discharged into such sewer, the contents of
any septic tank or holding tank used in connection with the private sewage system
shall be removed and disposed of at an approved site within two months of the issue
of the certificate of acceptance by the City and the tank shall be either filled in or
removed.
3.6. 4
Storm water run- off from any downspout or any surface shall not be drained onto
neighbouring
properties.
3.6. 5
Every property shall be graded and maintained
to prevent ponding or the entry of
storm water into a basement or cellar.
3.6. 6
Natural
drainage, drainage
swales, ditches
or watercourses
shall
be maintained
to
facilitate the natural flow of water and prevent ponding.
3. 6. 7
No person shall connect or permit any connection of any weeping tile, foundation
drain, roof drain, or land drain into any sanitary sewer or combined sewer, and no
person shall discharge, or permit to be discharged into any such sanitary sewer, or
combined sewer, any foundation, roof or surface water or drainage.
3. 6. 8
No storm water or roof water shall be discharged onto a sidewalk, walkway, steps,
porch or other pedestrian access to a property which may be hazardous or create a
risk of accident.
3. 7.
Accessory
Buildings
and Structures
3. 7. 1
All accessory buildings and structures shall be capable of sustaining the loads that
may be applied thereto as a result of use in accordance with the requirements of the
Ontario Building Code.
3. 7.2
All accessory
buildings
and structures
shall
be maintained
in a structurally
sound
condition, free from health, fire and safety hazards.
3. 7. 3
Storage
sheds
and
other
accessory
buildings
and
structures
shall
be
securely
anchored to the ground and kept free of rodents, vermin, and injurious
insects.
3. 7.4
Swimming pools shall be maintained in good repair, free of leaks. Swimming pools
shall be drained
to the street or directly into a storm sewer system when being
drained
or emptied
and
shall
not
be
drained
onto
adjacent properties.
The
backwash
from pool filters
shall
be drained
to either a sanitary
sewer or a storm
sewer or may be spread on lawn areas provided seepage there from does not affect
adjacent properties.
3. 7. 5
No person shall construct, install or erect any swimming
pool on any property which
will or may, in any manner, alter the existing drainage of water upon, in, along or
through such property so as to obstruct the drainage of such property or obstruct the
drainage of any adjacent property or create ponding upon any property.
3. 7.6
Portable
storage containers
may only be temporarily
used
in residentially
zoned
areas for up to thirty ( 30) consecutive
days for the purpose
of storing
items being
moved from and to a dwelling.
The storage
container
may not be placed
on any
public street for that purpose.
3. 8 .
Lighting. Lighting Fixtures and Light Standards
3. 8. 1
All exterior lighting, lighting fixtures and light standards shall be constructed, erected
and installed in accordance
with the Ontario
Electrical
Safety Code and maintained
free of health, fire and safety hazards.
3. 8. 2
All exterior lighting, lighting fixtures and light standards shall be maintained
in good
repair and securely affixed to a structure or securely anchored to the ground.
SECTION 4-- BUILDING STANDARDS
4. 1
Foundations
4. 1. 1
Every structure shall be supported
by a foundation
capable of safely supporting
its
design
load.
4. 1. 2
All foundation
walls, piers, piles, rafts, slabs, and footings
and other foundation
units
shall be maintained in good repair and as structurally sound.
4. 1. 3
Foundation
walls shall
be waterproofed
or damp
proofed
to prevent
the entry of
moisture or water into a basement, cellar or crawl space.
4. 2
Basement
and Cellar
Floors
and
Crawl
Spaces
4.2. 1
Every basement and cellar shall have a concrete floor. Where drainage is required,
a floor drain, properly trapped, shall be installed at the lowest point of the floor and
connected to the sewer system or sump.
4. 2. 2
Basement
and
cellar floors
shall
be
maintained
in good
repair, free from
cracks,
breaks, holes or conditions which may create a health or safety hazard.
4.2. 3
Every crawl space shall:
i)
be provided with access openings,
ii)
be ventilated by natural or mechanical means,
iii)
have clearance below the joists and beams,
iv)
have drainage,
v)
be provided
with a ground
cover,
vi) be
protected
against
fire
hazard,
in
accordance
with
the
provisions
of the
Building Code,
and at all times be maintained
in good repair.
4. 3
Integral Structural Soundness
4. 3. 1
The structural components of every building shall be maintained in a sound structural
condition, to sustain its own weight together with the loads that may be -imposed by
the use and occupancy therein and by natural causes such as snow and winds in
accordance with its designed use and occupancy.
4. 3.2
Every part of a structure shall be maintained in good repair.
4. 3. 3
If, in
the opinion
of the officer, there
is doubt as to the
structural
condition,
construction material, or service systems of a building or structure or parts thereof,
the officer may order that such building or structure or parts thereof be examined
by
a professional engineer, licensed to practice in Ontario and retained by the owner of
the building
or its authorized
agent, and that a written
report, which
may include
drawings for any remedial work designed
by the engineer, and providing
details of
the findings of such examination shall be submitted to the officer.
4. 3. 4
The officer may accept the findings
in the report submitted
pursuant to subsection
4. 3. 2 as the requirements for compliance with the required repairs; provided that the
officer is satisfied that all deficiencies associated with such property have been
identified and properly dealt with by the report.
4. 4
Exterior Walls. Roofs and other Exterior Building
4. 4. 1
All
exterior
walls,
and
other
exposed
surfaces,
not
inherently
resistant
to
deterioration, shall be treated with a protective coating of paint or preservative and
maintained
in good repair to prevent deterioration
due to weather, insects, rodents or
other elements.
4. 4. 2
Exterior walls, roofs and other parts of any building shall be maintained free from
loose and unsecured
or improperly
secured
objects
and material which may create
an
unsafe
condition.
Such
objects
or materials
shall
be
removed, repaired
or
replaced.
4. 4. 3
All exterior
walls
and roof areas
shall
be maintained
with
insulation
in accordance
with the provisions of the Ontario Building Code.
4. 4.4
All roofs, including but not limited to valleys, facia boards, soffits, eaves troughs, roof
gutters, down pipes, guards, lightning
arrestors, and cornices, shall be maintained
structurally and in a watertight condition so as to prevent leakage of water into the
building.
4.4.5
All eaves troughs, roof gutters and down pipes shall be kept in good repair and free
from obstructions.
4.4.6
All interior floors, ceilings and walls shall be kept free from dampness.
4.4. 7
All roofs shall be kept free from hazardous
accumulations
of ice and snow.
4. 4. 8
Chimney, smoke or vent stacks, and other roof structures
shall be maintained
and
free from:
a) loose bricks and mortar and loose or broken capping;
b) loose or rusted stanchions, guy wires, braces and attachments; and
c) other unsafe conditions
4.5
Doors and Windows
4. 5. 1
A door shall
be provided
at each entrance to a dwelling
unit and to each room
containing a water closet within a dwelling unit.
4. 5. 2
In buildings of residential occupancy, weather stripping shall be provided around all
exterior doors except garage doors.
4. 5. 3
Except for doors on enclosed unheated vestibules and cold cellars and except for
glazed portions of doors, all doors separating heated space from unheated space
shall have a thermal resistance of at least RSI
0. 7 where
a storm door is not
provided.
4. 5.4
All sliding glass doors separating heated space from the outside shall have a thermal
resistance of at least 0. 3 mz o C/W where a storm door is not provided.
4. 5. 5
All glazed portions of doors separating heated space from the outside shall have a
thermal
resistance
of at least 0. 30 M20 C/ W
4. 5. 6
All doors, windows, skylights, and shutters, including
storm and screen doors and
storm and screen windows shall be maintained
in good repair so as to prevent the
entrance of wind, rain or snow.
4. 5. 7
Without restricting
the generality of subsection
4. 5. 6, good repair includes but is not
limited to the following:
a) refitting, replacing
or
renewing
of damaged,
decaying
or defective
doors,
windows,
frames, sashes, casings, shutters, hatchways or screens.
b) re -glazing cracked, broken or missing glass.
c) replacing or repairing defective hardware and installing missing hardware.
d) re -screening or weather stripping where same is defective or missing
e) painting
or applying
of an effective
preservative.
4. 5. 8
All windows
intended
to be opened
to the outside
and
all exterior doors
shall have
hardware so as to be capable of being locked or otherwise secured.
4. 5. 9
Doors
which
allow access
to or egress
from
a dwelling
unit within
a multi -unit
building, shall be provided with a dead
bolt, which dead
bolt lock cannot
be
accidentally
locked against entry by the closing the door.
4. 5. 10
Defective door and window hardware shall be repaired or replaced.
4. 5. 11
Where a window is above the second storey and the window is lower than 1000 mm
39") from the floor, the maximum
the window
can open
is
1 00m ( 4") and where
a
door or sliding door is not serving a balcony or landing, it shall be protected by a
guard conforming
to the Building
Code, or shall otherwise conform to subsection
4. 6.5.
4. 5. 12
When an opening is used or required for ventilation or illumination
and is not required
to be protected
by a door, window or similar closure, it shall be protected with either:
a) wire mesh screen, metal grille or other equivalent
durable material; or
b) other protection so as to effectively prevent the entry of rodents or vermin.
4.6
Stairs. Railings, and Guardrails
4. 6. 1
Every stair, landing, porch, veranda, balcony, or deck shall be maintained
in good
repair, free from conditions which may create a health, fire or safety hazard.
4. 6. 1.
1
Without restricting the generality of subsection 4. 6. 1, in good repair includes but is
not limited to the following:
a) repairing or replacing floors, treads and risers, including finishes such as linoleum
and
carpet that
contain
depressions, protrusions
or are
broken, torn, warped,
loose
or otherwise
defective;
b) renewing
or strengthening
structural
members
that
are
rotted, deteriorated
or
loose;
c) repainting or re -applying of other equivalent preservative, if required.
4.6. 2
Handrails, railings and guardrails
shall be of sound
construction
and maintained
free
of health, fire and safety hazards, and shall be provided
in accordance
with the
requirements of the Building Code.
4.6. 3
All railings, handrails and guardrails shall be maintained in good repair and securely
affixed
or anchored.
4. 6. 4
An existing
guard with
a minimum
height of 900mm ( 35") is acceptable
along
the
open sides of balconies, mezzanines, landings or other areas where the vertical drop
exceeds 600mm ( 24"), except that an existing guard of 710mm ( 28") minimum height
is acceptable for exterior porches, decks, and balconies where the vertical drop from
the open
side exceeds
600mm ( 24") but does
not exceed
1800mm (
71").
Railing
and guards in accordance
with the Building
Code are required where the vertical
drop exceeds 1800mm ( 71").
4. 6. 5
Except as provided in Subsection 4.6.6, every existing exterior stair with more than 3
risers and every interior stair with more than 2 risers shall be protected with guards
on all open sides having
a minimum
height of 800mm ( 31") measured
vertically
above a line drawn through the outside edge of the stair nosing, except that an
existing guard of 710mm ( 28") minimum
height is acceptable where the stairs serves
an existing
exterior porch, deck, balcony or exterior landing with a floor height less
than 1800mm ( 71") above finished grade.
4. 6. 6
A stair within
a Dwelling
Unit serving
an
unfinished
basement
need only have
a
guard or a wall on one side.
4. 6. 7
Guards
around
exterior
balconies, porches, and decks
of buildings
of residential
occupancy shall be constructed so as not to facilitate climbing.
4. 6. 8
Treads and risers for existing stairs shall have a uniform rise and run in any one flight
of stairs.
4. 7
Walls and Ceilings
4. 7. 1
Every wall and ceiling shall be maintained
in good repair, free of conditions
which
may create a health, fire or safety hazard.
4. 7. 2
Where sound
transmission
ratings
associated
with wall separations
are required
in
accordance with the provisions of the Building Code, such wall separation shall be
maintained
in good repair so as to meet and maintain those sound
transmission
ratings.
4. 7.3
Where, non- combustible
construction,
fire
separations,
firewalls,
fire
resistance
ratings
and
other
fire
protection
measures
are
required
in
accordance
with
the
provisions
of the Building
Code, Fire Code, those elements
shall
be maintained
in
good repair.
4.8
Floors
4. 8. 1
Every floor shall be maintained
in good repair free of all conditions which may create
a health, fire or safety hazard.
Finished flooring shall have a surface that is smooth,
even and free from roughness
or open defects.
4.8.2
Finished flooring
in bathrooms, kitchens, public entrance
halls, laundry and general
storage areas shall consist of resilient flooring, felted synthetic fibre floor coverings,
concrete, terrazzo, ceramic tile, mastic or other types of flooring providing
similar
degrees of water resistance.
4. 9
Cleanliness
4.9. 1
Every floor, wall, ceiling
and
fixture
shall
be maintained
in a clean
and sanitary
condition.
4.9. 2
Every property shall be kept free from rubbish, debris or conditions which may create
a health, fire, or safety hazard.
4. 10
Water Supplv
4. 10. 1
Every property, the use or occupancy of which requires a water supply, shall be
provided with an adequate supply of potable water from a public or private water
supply approved by the local authority designated
under the Clean Water Act 2006,
S. O. 2006, c. 22, as amended.
4. 10. 2
Where an approved
public or community
water supply
is available, every dwelling
unit shall be connected thereto.
4. 10. 3
Where
a piped
water supply
is available, piping
for hot and cold water
shall
be
connected
to every
kitchen
sink, lavatory, bathtub, shower, slop sink and laundry
area and piping for cold water shall be run to every water closet and hose bib.
4. 11
Plumbing System
4. 11.
1
The
plumbing
system
in every
building
shall
be maintained
in good
repair
and
working order, free from leaks and conditions which may create a health hazard.
4. 11. 2
All water pipes and appurtenances thereto shall be protected from freezing.
4. 11. 3
All plumbing
fixtures
shall
be connected
to discharge
to the municipal
sewerage
system or to an approved private sanitary system through water seal traps.
4. 11. 4
All plumbing fixtures shall be provided with adequate vents and cleanouts.
4. 11. 5
Notwithstanding
any
provision
herein
contained, the
provisions
of Part
7 of the
Building Code shall apply to all plumbing systems in Property.
4. 11. 6
Every water heater installed
for the purpose of supplying
hot running water to the
occupants
of a property shall be capable of heating water to a temperature
of + 49C.
120
F)
4. 11. 7
Replacement
hot water heaters shall have a thermostatic
mixing value limiting water
temperature to a maximum of + 49° C. (
120'
F)
4. 12
Required Facilities
4. 12. 1
Every
dwelling
unit shall
be provided
with
a kitchen
sink, washbasin, bathtub
or
shower, and water closet, which shall be connected to a piped water supply and
discharged
to the building sewer.
4. 12. 2
Laundry facilities or a space for laundry facilities shall be provided
in every building
dwelling
unit
or
otherwise
grouped
elsewhere
in
the
building
in
a
location
conveniently accessible to occupants of every dwelling unit.
4. 12. 3
Required
facilities
for all other occupancies
shall
conform
to the provisions
of the
Building Code or with the appropriate regulations
for the specific occupancy
enacted
pursuant to the Regulation enacted thereunder, whichever is the more demanding.
4. 13
Bathrooms.
Washrooms
and Toilet
Rooms
4. 13. 1
All bathrooms, washrooms and toilet rooms shall be fully enclosed to provide privacy
and shall be so located that access thereto does not require passing through any
other dwelling unit or through an open area or an unheated area or corridor and shall
at all times be located within and accessible from within the building.
4. 13. 2
A washbasin
shall
be located
in the same
room
as the water
closet.
4. 13. 3
All bathrooms, washrooms, and toilet rooms shall be enclosed by a door that can be
latched or locked from the inside.
4. 14
Kitchens
4. 14. 1
Every dwelling unit shall contain
a kitchen area equipped with a sink served with
piped hot and cold water supply, storage facilities, an impervious counter top work
area
and space for both
a stove
and refrigerator.
4. 14. 2
Every kitchen sink shall be provided with an adequate, impervious surfaced, splash
back and drain board.
4. 14. 3
Every kitchen shall be provided with an adequate, approved energy source.
4. 14. 4
A minimum
of 750mm ( 30") clear
space
shall
be
provided
above
any exposed
cooking surface and can be reduce to 600 mm for non- combustible
surfaces.
4. 14. 5
All material
immediately
beneath or within 450 mm ( 17") of an exposed cooking
surface shall be of fireproof material, provided that where such surface cooking
equipment has been installed in accordance with the manufacturers' specifications,
the same
shall suffice.
4. 14. 6
All cooking equipment requiring exhausting to a chimney or flue shall be connected
thereto by rigid connections
in conformity with manufacturers' specifications.
4. 14. 7
All energy sources, plumbing, counters, storage cupboards
and other fixtures
shall
be maintained in good repair.
4. 15
Heating
Systems
4. 15. 1
Residential buildings shall be insulated and equipped with heating facilities together
capable of maintaining
an indoor air temperature
of 22 degrees Celsius ( 72 degrees
Fahrenheit) at 1. 5 metres above floor level and
1. 0 metres from exterior walls in all
habitable rooms. bathrooms and toilet rooms.
4. 15. 2
Heating
facilities
shall
be
provided
which
shall
be
capable
of
maintaining
a
temperature
not
less
than
18. 5 degrees
Celsius (
65
degrees
Fahrenheit)
in
an
unfinished
basement
or cellar in buildings
of residential
occupancy; provided
that
crawl spaces need not be so heated.
4. 15. 3
All other buildings shall be insulated and equipped with heating facilities sufficient to
maintain
the
desired
indoor
air temperature
commensurate
with
the
use of the
building at the outside winter design temperature determined in accordance with the
provisions of the Building Code.
4. 15. 4
Heating to the standards set forth herein shall be provided and maintained from the
15th day of September in each year until the 31 st day of May of the following year.
4. 15. 5
Equipment forming part of a heating, ventilating or air-conditioning system, with the
exception of embedded pipes or ducts, shall be installed with provision for access for
inspection, maintenance, repair and cleaning.
4. 15. 6
Mechanical
equipment and heating terminal devices
shall be guarded
to prevent
injury to any person.
4. 15. 7
Equipment
forming
part
of
a
heating
or
air-conditioning
system
that
may
be
adversely affected by freezing temperatures and which is located in unheated areas
shall be adequately protected from freezing.
4. 15. 8
The heating
systems required
herein, including the elements thereof, shall
be
maintained
in good working
condition
so as to be capable of heating
the dwelling
and/ or the dwelling unit safely to the required standard.
4. 15. 9
All heating systems shall be constructed, equipped and installed to conform to the
provisions of the Building Code.
4. 15. 10
No heating appliance shall be installed or placed so as to create a fire hazard, nor to
impede the free movement of persons within the room where the heating appliance
is located, nor be located in corridors, hallways or other means of egress and impede
the free movement
of persons.
4. 15. 11
Fuel fired appliances shall not be installed in any exit or any corridor serving as
access to exit.
4. 15. 12
Service rooms or service space, separated from the remainder of the building by fire
separations, shall be provided
and constructed to conform to the provisions of the
Building Code, and shall at all times be maintained
in good repair.
4. 15. 13
All heating
equipment
requiring
exhausting
to a chimney
or flue shall be properly
connected
thereto
by rigid
piping
installed
in conformity
with the
manufacturers'
specifications.
4. 15. 14
Rigid connections shall be installed between any equipment burning gaseous fuel
and the supply line, except that an approved flexible connection not more than 0.6
metres
long
may
be
installed
to
permit
cleaning
behind
an
appliance
used
for
cooking.
4. 15. 15
Any
room
which
contains
a heating
unit for a central
heating
system
shall
be
provided with a natural or mechanical
means of supplying combustion air for such
heating
unit. The amount of combustion air will be determined
in accordance with
good practice and the manufacturer' s specifications.
4. 15. 16
Any heating system or part thereof or any auxiliary heating
system that is designed
to burn solid or liquid fuel shall be provided with a properly constructed
receptacle for
fuel storage or a place for storage located so as to be free from fire or accident
hazard.
4. 15. 17
All
oil -fired
heating
systems,
including
space
heaters,
shall
conform
to
the
manufacturers'
specifications
4. 15. 18
All gas fired heating systems, including
space heaters, shall conform to the Gas
Utilization
Code and Ontario
Regulations
in effect from time to time pursuant to The
Energy Act.
4. 15. 19
Portable
heating
devices
shall
not be used
as the primary
source
of heat for any
habitable room.
4. 15. 20
Wood
stoves
within
a
Dwelling
or otherwise
as
serving
any
Property
shall
be
maintained
in accordance
to
Standard
B
365- M
as adopted
by the
Canadian
Standards Association.
4. 16
Chimneys, Flues, Smoke Pipes
4. 16. 1
Any mechanism, equipment, or structure
used in the process
of burning fuel or
combustible material shall be properly vented to the outside air by means of a smoke
pipe, vent pipe, flue, chimney, or other appropriate and adequate device conforming
to the manufacturers' specifications and approved by the Building Inspector.
4. 16. 2
Every chimney, smoke pipe, flue and gas vent shall be maintained so as to prevent
gases from leaking into a building.
4. 16. 3
Every chimney, smoke pipe, flue and gas vent shall be kept clear of obstructions, all
open joints shall be sealed and all broken and loose masonry shall be repaired.
4. 16. 4
Every chimney, smoke pipe, flue and gas vent shall be installed
and maintained
so
that under
all
conditions of use, the temperature of any combustible material
adjacent thereto, properly insulated
or in contact
therewith, does
not exceed
a
temperature of seventy one ( 71) degrees Celsius. ( one hundred and sixty degrees
160°) Fahrenheit).
4. 16. 5
Fireplaces and similar construction used or intended to be used for burning fuels in
open fires shall be connected to approved chimneys and shall be installed so that
nearby or adjacent combustible
material or structural
members
shall not be heated
so as to exceed a temperature of seventy one ( 71) degrees Celsius. ( one hundred
and sixty (160) degrees Fahrenheit).
4. 17
Electrical
Services
and Lighting
4. 17. 1
Every dwelling and every dwelling unit shall be wired for electricity and lighting
equipment shall be installed throughout.
4. 17. 2
Every
habitable
room
shall
contain
at least two ( 2) electrical
duplex
convenience
outlets where the floor area does not exceed 10 mz ( 108 sq. ft.). For each additional
10 mz ( 108 sq. ft.) of floor area or part thereof, one ( 1) additional
outlet shall
be
provided.
4. 17. 3
An electrical light fixture shall be installed
in every bathroom, toilet room, laundry
room, furnace room, kitchen, hallway, interior and exterior stairway, and landing.
4. 17. 4
Fuses or overload devices shall not exceed limits set by local power authority.
4. 17. 5
Extension cords which are not part of a fixture shall not be permitted on a permanent
basis.
4. 17. 6
All
lighting, including
exit
lighting
and
emergency
lighting, shall
conform
to the
provisions of the Building Code and shall be maintained
in good working order.
4. 17. 7
All electrical
wiring and all electrical
fixtures
located or used
in a building
shall be
installed and maintained in good working order and in conformity with the regulations
of Electrical Safety Authority designated
under the Electricity Act 1998, S. O. 1998,
ch. 15, as amended.
4. 18
Light for Dwellings and Dwelling Units
4. 18. 1
Every habitable room except for a kitchen shall have a window or windows, sky -lights
or translucent panels that face directly to the outside at least 15 centimetres above
the adjoining
finished
grade with an unobstructed
light transmitting
area of not less
than ten ( 10) percent of the floor area of such rooms.
The glass area of a sash door
may be considered as a portion of the required window area.
4. 18. 2
Whenever walls or other portions of structures are located on the outside less than
one ( 1) metre from a window, such window shall not be deemed to face directly to
the outside and shall not be included
as contributing to the required minimum
window area of the room.
4. 18. 3
Every exit, public corridor
or corridor
providing
access
to exit for the
public
and
storage garages shall be provided and maintained with lighting fixtures which furnish
an average illumination level of 50 lux ( 4. 6 foot candles) at floor or tread level.
4. 19
Ventilation for Dwelling and Dwelling Units
4. 19. 1
Except as herein provided, every habitable room shall have an opening or openings
for natural ventilation from outside. Such opening or openings shall have a minimum
aggregate
unobstructed
area
of 0.3
square
metres
and
shall
be
located
in
the
exterior walls or through operable parts of skylights.
4. 19. 2
Except as herein provided, every bathroom or room containing a water closet shall
be provided with an operable window or opening for natural ventilation located in an
exterior wall or through operable parts of skylights and all such openings shall have a
minimum aggregate
unobstructed
area of 0. 1 square metres.
4. 19. 3
All systems of mechanical ventilation shall be maintained in working order.
4. 19.4
The
natural ventilation
requirements
prescribed
in subsections
4. 19. 1
and 4. 19. 2
may be omitted
from any room where adequate
mechanical
ventilation
equipment
which is capable of changing the air four (4) times each hour is provided.
4. 19. 5
Openings
for natural
ventilation
other than windows
shall
be constructed
to provide
protection from the weather and insects and screening shall be of rustproof material.
4. 19. 6
All mechanical ventilation shall conform to the provisions of the Building
Code.
4. 19. 7
Every
enclosed
attic or roof space
shall
be vented
by openings
to the outside
through an exterior surface to provide at least 0.092 mz ( 1. ft2.) of unobstructed vent
area for every 27. 9m' ( 300. ftz.) of insulated floor area in the space.
4. 19. 8
Every window that opens to the outside requires a screen.
4. 20
Basements, Cellars and Unheated Crawl Spaces
4.20. 1
Every basement, cellar and unheated
crawl space shall be adequately
vented to the
outside air by means of windows which can be opened or by louvers with screened
openings, the area of which shall not be less than one ( 1) percent of the floor area.
Windows in basements, cellars and unheated crawl spaces shall be screened with
rust proof material to provide
protection from insects.
4. 21
Air Conditioners, Air Conditioning Systems
4.21. 1
All air conditioners
and
air conditioning
system
shall
be securely
mounted
and
installed
in accordance
with manufacturers' specifications.
4. 21. 2
All air conditioners
and air conditioning
systems shall be maintained
in good repair,
free of conditions which may constitute a health, fire or safety hazard.
SECTION
5 - OCCUPANCY
STANDARDS
5. 1. 1
The maximum
number of persons
residing
in a dwelling
or dwelling
unit shall
not
exceed one ( 1) person per 9. 3m' ( 100 sq. ft.) of total floor area of habitable room or
rooms.
5. 1. 2
For the
purpose
of computing
the
maximum
number
of persons
referred
to
in
subsection 5. 1. 1, any child under one ( 1) year of age shall not be counted, any child
of more than one ( 1) year of age but under twelve ( 12) years of age shall be deemed
one- half ( 1/ 2) person, and persons twelve ( 12) years of age or over shall be counted
as one ( 1).
5. 1. 3
The floor area under a ceiling which is less than
1. 88 m. ( 6'- 2") in height shall not be
included
for the purpose
of computing
the habitable
room floor area referred
to in
subsection
5. 1. 1.
5. 1. 4
No room in any dwelling or dwelling
unit shall be used for sleeping purposes
unless
the room has a minimum
width of 1. 8 metres ( 6') and a minimum floor area of 5. 6 mz
60sq.ft.). At least one- half ( 1/ 2) of the required
minimum
floor area shall have a
ceiling height of 1. 95 metres. ( 6'- 5") Any part of the floor having a clear height of less
than
1. 4 metres ( 4'- 6") shall not be considered
in computing
the required floor area.
5. 1. 5
Notwithstanding
any other requirement contained
in this by- law, all walls and ceilings
in habitable rooms in dwellings or dwelling units shall be clad with a material giving a
minimum fire resistance rating of thirty ( 30) minutes. All walls and ceilings in other
buildings shall be clad with materials providing the minimum fire resistance ratings
required
for their
respective
group
and
division
of occupancy
classification
in
compliance with the regulations under the Building Code Act.
5. 1. 6
No basement or cellar space shall be used as a habitable room unless, in addition to
the requirements of subsection 5. 1. 3 and 5. 1. 4, the following requirements are also
met:
I)
floors and walls are so constructed as to be impervious to underground and
surface run- off water and are damp proofed, and
ii)
the habitable room meets all requirements for light, ventilation and ceiling height
set out in this by- law, and
iii) each habitable room shall be separated from heating equipment, or other equally
hazardous equipment, by a partition having a fire resistance rating of a least one
1) hour. All other walls and ceilings in habitable rooms shall be clad with a
material giving a minimum fire resistance rating of thirty (30) minutes; and,
iv)
access
to each
habitable
room
shall
be
gained
without
passage
through
a
furnace or boiler room.
SECTION
6 - FIRE PROTECTION
6. 1
Means
of Egress
6. 1. 1
Means of egress from all buildings shall be provided in conformity with the provisions
of the Building
Code.
Without
limiting
the generality
of the foregoing, means
of
egress shall include their number, location, dimensions, flame spread ratings, fire
resistance
ratings, fire
protection
ratings, stairs, handrails
and
guards, removal
of
obstructions and hazards, travel distances, type, construction and direction of swing
of doors, lighting, exit lighting, emergency lighting, and access to exits.
6. 1. 2
Fire protection for all buildings shall be provided in conformity with the provisions of
the Building
Code.
Without
limiting
the generality
of the foregoing, fire protection
shall
include
non- combustible
construction,
flame
spread
ratings, fire
resistance
ratings, fire
protection
ratings, permitted
openings, firewalls, fire
separations,
fire
dampers, fire stops, fire alarm systems, sprinkler systems, heat detectors, smoke
detectors, smoke alarms, and fire fighting access to and within buildings.
6. 1. 3
Without limiting the generality of subsections 6. 1. 1 and 6. 1. 2 and in all buildings of
residential occupancy, smoke alarms shall be provided and installed by the owner.
Smoke alarms shall be installed:
a) on or at the ceiling level in the corridor of each floor adjacent to each stairway and
on the ceiling in the basement adjacent to each stairway, and
b) in the ceiling of a hallway or corridor leading to the bedrooms in the dwelling unit,
in a location where the alarm is audible within all bedrooms when the doors are
closed, or
c) in the case of a boarding house, lodging house, rooming house and private rest
home in which the residents do not require nursing care and where three or more
persons are provided sleeping accommodation
in one bedroom, in addition to the
foregoing, in the ceiling of each such bedroom.
6. 1. 4
Where more than one smoke alarm is required
in a dwelling unit, the smoke alarms
shall be wired in accordance
with the Building Code.
6. 1. 5
All fire protection
construction, components
thereof, appliances
and equipment
shall
be maintained in good repair and in good operating condition.
SECTION 7 - RESPONSIBILITY OF THE OCCUPANT
7. 1
The occupant of a property, in respect of that part of any property which he or she
occupies and controls, shall comply with all of the standards prescribed in this by- law
and shall:
limit occupancy of that part of the premises which he occupies or controls to the
maximum
permitted
for the type
of occupancy
in use, in accordance
with the
provisions of this by-law and with the provisions of the Fire Code.
ii)
maintain
all
plumbing, cooking, refrigeration,
heating, ventilation
and
other
fixtures, appliances,. building equipment and storage facilities in that part of the
premises which he or she occupies or controls in a clean and sanitary condition,
and shall exercise
reasonable
care in the operation
and use thereof;
iii)
maintain that part of the premises
which he or she occupies
or controls free from
conditions which constitute a health, fire or safety hazard;
iv) keep all exits clean and unencumbered;
v) dispose of all garbage
and refuse in receptacles
approved
for use in accordance
with the by- laws of the Corporation and, upon the day of the week appointed for
collection
from
his
or her premises, place
such
receptacles
adjacent
to the
travelled portion of the street, or where collection is conducted upon a public lane
or alley, adjacent
thereto, and following
the emptying
of receptacles
by the
collector, the occupant
shall return
those
receptacles
to
his or her premises.
Where collection is undertaken by contract, the occupant shall at all times place
all garbage and refuse in receptacles approved for use in accordance with the
by-laws of the Corporation, within the storage
bin, container or other facility
provided for that purpose, and shall maintain
such locations
and facilities
in a
clean and sanitary condition;
vi) in the case of commercial premises, provide appropriate covered receptacles for
disposal of garbage and refuse which may be discarded
by customers
and other
persons frequenting
the premises, at such locations
on the premises
as may be
required to prevent littering.,
vii) maintain that part of the premises which he or she occupies or controls free of
rodents, vermin and insects;
viii) maintain
those
yards which
he
or she
occupies
or controls, or the
portions
thereof, free of conditions which constitute a health fire or safety hazard.
SECTION
8 - RESPONSIBILITY
OF THE OWNER
8. 1
The owner of every property shall:
i) comply with all of the standards prescribed in this by-law;
ii) not permit any person to use or occupy any property owned by him or her unless
such property conforms to the standards prescribed in this by- law;
iii) comply with all lawful orders of a Property Standards
Officer, within such time and
in such manner as specified
therein.
SECTION
9 - ADMINISTRATION
AND ENFORCEMENT
9. 1
Property Standards Committee
9. 1. 1
A Property Standards Committee shall be established which shall be composed of
three ( 3) persons appointed
from time to time by the Council, each of who shall be
resident ratepayers of the Municipality of Central Elgin.
9. 1. 2
Each
member
of the
Committee
shall
hold office for a term
of three ( 3) years,
provided that the first appointments shall be for one, two and three years respectively
so that one member's term shall expire annually.
9. 1. 3
When
a vacancy
occurs
in the membership
of the Committee, the Council
shall
forthwith fill the vacancy.
9. 1. 4
The members
of the Committee
shall elect one
of themselves
as chairman,
and
when the chairman is absent through
illness or otherwise, the Committee may
appoint another member as acting chairman.
Any member of the Committee may
administer oaths.
9. 1. 5
The members of the Committee shall be paid such compensation as the Council may
provide, which shall be recorded by resolution of the Council.
9. 1. 6
Secretarial
services for the Committee
shall
be provided
through
the offices
of the
Clerk.
9. 1. 7
The
secretary
shall
keep
on file minutes
and records
of all applications
and the
decisions thereon and of all other official business of the Committee, and sections
253 and 254 of the Municipal Act, 2001, S. O. 2001, c.25, as amended, applies with
necessary modifications to such documents.
9. 1. 8
A majority of the Committee constitutes
a quorum, and the Committee
may adopt its
own rules of procedure but before hearing an appeal shall give notice or direct that
notice be given of such hearing to such persons as the committee considers should
receive
such
notice.
9. 2
Property Standards
Officer
9.2. 1
Duties of a Property Standards Officer
It shall be the duty of every Property Standards
Officer to administer and enforce the
provisions
of this by- law, and in the performance
of such duty, he shall have all the
powers and responsibilities set forth in The Ontario Building Code Act and the
Regulations made pursuant to the said Act.
9. 2. 2
Right of Entry
Subject to subsection
9.2.3 and while this by- law is in effect, an Officer and any
person acting under his instructions may, at all reasonable times and upon producing
proper identification, enter and inspect any property.
9. 2. 3
Entry into Dwelling Place
Except under the authority of a search warrant issued
under Section
158 of the
Provincial Offences Act, R.S.O. 1990, c.P. 33, as amended, an officer or any person
acting under his instructions shall not enter any room or place actually used as a
dwelling
without requesting
and obtaining
the consent
of the occupier, first having
informed the occupier that the right of entry may be refused and entry made only
under the authority of a search warrant.
9.2. 4
Orders
An officer who finds that a property does not conform
to any of the standards
prescribed
in this by- law may make an order,
a) stating the municipal address or the legal description of such property;
b) giving reasonable
particulars
of the repairs to be made or stating that the site is
to be cleared of all buildings, structures, debris or refuse and left in a graded and
levelled condition;
c) indicating
the time for complying with the terms and conditions
of the order and
giving notice that, if the repair or clearance is not carried out within that time, the
municipality may carry out the repair or clearance at the owner' s expense; and
d) indicating the final date for giving notice of appeal from the order.
9.2.5
Service and Posting of Order
Any order made pursuant to subsection 9. 2.4 above shall be served upon any owner
of the property and such other persons affected by it as the officer determines and a
copy of the order may be posted on the property.
9. 2. 6
Registration
of Order
The order may be registered
in the proper
land
registry
office
and, upon such
registration, any
person
acquiring
any
interest
in
the
land
subsequent
to
the
registration of the order shall be deemed to have been served with the order on the
day
on
which
the
order
was
served
under
subsection
9. 2. 5
and, when
the
requirements
of the order have been satisfied, the Clerk shall forthwith
register in the
proper land registry office a certificate that such requirements
have been satisfied,
which certificate shall operate as a discharge of the order.
9. 2.7
Recovery of Costs Relative to Order
Where an owner or occupant fails to comply with an Order issued under this by-law
within the time stipulated in the Order, any further costs incurred by the Corporation
in respect of additional inspections of the Property and any reports related thereto
and additional notification or registrations as the Officer may deem appropriate, shall
be payable to the Corporation by such owner or occupant; provided that such further
costs shall include fees for services, disbursements, and taxes.
9. 3
Appeals
to Property Standards
Committee
9. 3. 1
When an owner or occupant of a Property upon whom an Order has been served is
not satisfied with the terms or conditions of the Order, he may appeal to the Property
Standards Committee by sending notice of appeal, stating the owner's reasons for
the appeal, by registered
mail to the secretary of the committee within fourteen ( 14)
days after service of the Order, and, in the event that no appeal is taken, the order
shall be deemed to have been confirmed.
9. 3. 2
The Secretary
of the Committee
shall, upon receipt of the notice of appeal, fix an
appointment for hearing thereof and within seven days of receipt of the notice of
appeal
give notice
in writing
of the appointment
for hearing
at least fourteen
days
prior to the date fixed therefore to the appellant and to the .Officer who issued the
order.
9. 3. 3
An owner who appeals an Order shall pay to the clerk of the Corporation the fee for
the appeal as set out in Schedule " B" at the time the appeal is filed.
9. 4
Decision
on Appeal
9. 4. 1
Where
an appeal has been taken, the Committee shall hear the appeal within
twenty- one ( 21) days of the date of notice of the appeal and shall have all the powers
and functions of the officer and may confirm the order to demolish or repair or may
modify or quash it or may extend the time for complying with the order provided that,
in the opinion of the Committee, the general intent and purpose of the by-law and of
the official
plan are maintained.
9.4.2
The
Secretary
of the
Committee
shall
give
a copy of its written
decision
to the
appellant and the Officer who issued the order.
9. 5
Appeal
to Judge
9.5. 1
Appeal to Court
The Corporation
in which the property is situate or any owner or occupant or person
affected by a decision under subsection 9.4. 1 may appeal to a judge, of the Superior
Court of Justice by notifying the Clerk in writing and by applying to the said Superior
Court of Justice for an appointment
within fourteen ( 14) days after the delivery of a
copy of the decision.
9.5.2
An owner or occupant who appeals to a judge of the Superior Court of Justice shall
pay to the Clerk the fee for the appeal as set out in Schedule " B" hereto at the time
the appeal is filed.
9. 5. 3
AAppointment
A judge of the Superior Court of Justice shall appoint, in writing, a time and place for
the hearing of the appeal and may direct in the appointment the manner in which and
upon whom the appointment is to be served.
9. 5.4
Judge' s Power
On the appeal, the judge has the same powers and functions as the committee.
9. 6
Effect
of Decision
The Order, as confirmed or deemed to have been confirmed or as modified by the
Committee under subsection 9. 4. 1, or in the event of an appeal to the judge under
subsection
9. 5, as confirmed
or modified
by the judge, shall
be final and binding
upon the owner and occupant who shall make the repair or effect the demolition
within the time and in the manner specified within the order.
9.7
Certificate
of Compliance
9. 7. 1
Following any inspection of a property, the Officer may, or on the request of the
owner shall, issue to the owner a certificate of compliance if, in his opinion, the
property is in compliance with the standards of this by-law.
9. 7. 2
The fee payable for a certificate of compliance issued at the request of the owner
shall be as set out in schedule A to this by- law.
9. 8
Municipal
Lien
The fees and charges payable to the corporation pursuant to sections 9.2.4(c), 9.2.7,
9.3.3 and 9. 7.2 of this By-law shall be a lien on the Property and shall be deemed to
be municipal real property taxes and may be added by the clerk to the collector' s roll
and be collected in the same manner and with the same priorities as municipal real
property taxes.
SECTION
10 - OFFENCES
10. 1
Any person who fails to comply with any provision of this by-law or any Order issued
hereunder
is guilty of an offence and upon conviction
shall be liable to a fine of not
more than $ 50, 000 for a first offence and to a fine of not more than $ 100, 000 for any
subsequent
offence.
10. 2
If a corporation
is convicted
of an offence pursuant to this by- law, the maximum fine
that may be imposed
upon the corporation
is $ 100, 000 for a first offence
and
200,000 for any subsequent offence.
SECTION
11 -- BY-LAWS REPEALED
11.
1
The following By -Law's are hereby repealed
a) Village of Port Stanley By -Law No. 2700
b) Village of Belmont By -Law No. 83- 17
c) Township of Yarmouth By -Law No. 3253
SECTION 12 -- ENACTMENT
12. 1
NOW THEREFORE
the Municipality of Central Elgin enacts Property Standards
By -
Law 1768 of which shall be in effect on the date of passing.
READ
a FIRST, SECOND
AND
THIRD
TIME
AND
FINALLY
PASSED
THIS
25`h DAY OF
AUGUST, 2014.
Chief Administrative Officer/ Clerk
FAVA
WilliamW
SCHEDULE" A"
To By -Law 1768
Fee Schedule for Issuance of Certificate
of Compliance
Category
Residential
Commercial
Industrial/ Institutional
Cost
100. 00 per unit
100. 00 per unit
50. per 98 sq. metres ( 1000 sq. ft.) of building
area
200 minimum
Vacant and Derelict Property $
100. 00
SCHEDULE"
B"
To By -Law 1768
Fee For Appeal
Appeals to Order issued under 15.3( 1) of the Building Code Act
Property Standards Committee
150. 00
Superior Court Judge $
300. 00